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MEDIATION IN POLISH LABOUR LAW: COMPARING ITS EVOLUTION AND DEVELOPMENT TO LABOUR MEDIATION IN EU AND US LAW

100%
Antolak-Szymanski K.
Review of European and Comparative Law
|
2018
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vol. 34
|
issue 3
21-40
PL
Mediation was popularized in modern times in the United States. Its origins were found in the mediation of labour disputes between unions and employers, as a means of avoiding strikes, and currently it is used more and more frequently in individual employment matters. While mediation is not as widespread in Poland to date, its use in labour and employment cases appears to have a similar arc of development. Since the 1990s, mediation has had a central and positive role in resolving collective labour disputes, and now it is being used increasingly in individual employment cases. This paper explains these developments, with a particular focus on the evolution and scope of employment mediation under Polish and European Union law. The author concludes that although the basic framework exists for mediation to develop further in Poland, further reforms would be helpful to ensure its success.
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The Qualifications of Mediators in Civil Matters, Including Employment Disputes, in Poland and Romania

63%
Antolak-Szymanski K., Cărăbaş M.
Review of European and Comparative Law
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2023
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vol. 53
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issue 2
7-26
EN
Mediation is increasingly promoted as an effective means of dispute resolution within the European Union, especially in civil cases. However, in Member States that lack a strong tradition of mediation, such as Poland and Romania, mediation has developed slower than expected. In this paper, the authors argue that one reason for this may be the lack of qualified mediators for civil and employment cases in both countries. They claim that legislators should enact higher qualification standards, including requiring specialized knowledge and ensuring that mediator certification is not outsourced to private mediation organizations with low-quality training programs.
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